DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5586)

CRANE-TECH CRANES & CONSULTING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Crane-Tech Cranes & Consulting Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Crane-Tech Cranes & Consulting Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Crane-Tech Cranes & Consulting Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant, the union, sought to have the agreement approved by the Commission under section 233 of the Fair Work Act 2009, which mandates that an enterprise agreement must be approved by the Commission if it is to have effect.

The legal issues at the forefront of the case centred around the compliance of the proposed agreement with the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement met the criteria for being a "better off overall or at least as well off" agreement, and whether it contained any provisions that were contrary to the public interest. The union argued that the agreement was fair and balanced, providing adequate protections and benefits for employees. Conversely, the applicant argued that certain provisions in the agreement could potentially lead to adverse outcomes for the employees.

In delivering its decision, the Commission carefully reviewed the provisions of the agreement, taking into consideration the submissions and evidence presented by both parties. The Commission found that the agreement was compliant with the statutory requirements and contained no provisions that were contrary to the public interest. The Commission was satisfied that the agreement was a "better off overall or at least as well off" agreement, as it provided employees with improved terms and conditions of employment compared to the applicable awards. Consequently, the Commission approved the proposed agreement, paving the way for its implementation in the mobile crane hiring industry.

The final orders of the Commission were that the Crane-Tech Cranes & Consulting Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved, effective from the date of the decision. This decision provided certainty and stability for both employers and employees in the mobile crane hiring industry, ensuring that the terms and conditions of employment were fair and equitable for all parties involved.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established